Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....
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answered on Feb 24, 2024
No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:
1. Statute of limitations - They can only sue or collect for a limited number of years, which has... View More 
My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More
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answered on Feb 4, 2024
In your situation, it's important to know that after your bankruptcy has been discharged, creditors are generally prohibited from contacting you in an attempt to collect the debts that were included in the bankruptcy. The emails you are receiving may constitute a violation of the Fair Debt... View More
My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More
answered on Jan 31, 2024
The US Supreme Court, since the early '90s with the Dewsnup opinion, has been curtailing the Bankruptcy Code's provisions for debtor's relief against creditors generally, imho.
Most recently, the US Supreme Court shifted the burden of proof for a debtor's action against... View More
property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.
not much income, not enough time to sell the property. 10 days before the deed is handed over.
will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More
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answered on Nov 25, 2023
A chapter 13 filing will stop the sale of your property immediately (the automatic stay). In order to continue with the sale, the taxing agency will need to ask the Bankruptcy Court to lift the automatic stay to proceed with the foreclosure. If you have significant equity in the property, it is... View More
property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.
not much income, not enough time to sell the property. 10 days before the deed is handed over.
will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More
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answered on Nov 27, 2023
Filing for Chapter 13 bankruptcy in Colorado can provide immediate relief from debt collection efforts through what's known as an "automatic stay." This legal provision goes into effect as soon as your bankruptcy case is filed, and it halts most collection actions against you and... View More
I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More
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answered on Nov 5, 2023
Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.
Regarding the assumption fee, mortgage lenders are... View More
It's a large motorhome and I have no place to keep it. Can't afford to store it
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answered on Sep 6, 2023
When dealing with a situation where the bank holds the title to a vehicle but won't repossess it despite the loan being in default, you have a few options to consider. Firstly, it's advisable to contact the lender and explain your situation. They may be willing to work with you on a... View More
It's a large motorhome and I have no place to keep it. Can't afford to store it
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answered on Sep 8, 2023
You should consider consulting with an attorney to understand your legal obligations and potential solutions in this scenario, such as possibly selling the vehicle and paying the bank the proceeds, or arranging for a voluntary repossession. It is important to act within the bounds of the law to... View More
It's a large motorhome and I have no place to keep it. Can't afford to store it
answered on Sep 6, 2023
In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.
Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.
In particular, what does the... View More
An attorney in New Mexico advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need to hire an attorney.
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answered on Sep 8, 2023
To file a Chapter 7 bankruptcy in Colorado, you first need to ensure that you qualify by passing the means test, which assesses your income and expenses. Then, you will be required to complete a credit counseling course from an approved provider. Once these steps are taken, you will need to compile... View More
I have a business credit card, and paying off this business credit card is going to take me years. I am okay with declaring bankruptcy on this business credit card and taking the hit to my business credit score as long as the following criteria are assured.
1: My personal credit score must... View More
answered on Jul 27, 2023
The most important element here is whether you personally guaranteed the business debt. If you did, the business bankruptcy won't wipe out your personal obligation to pay that debt. If the business is solely liable for the debt, which is very rare, there isn't any reason your personal... View More
How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.
answered on Jan 25, 2023
This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... View More
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More
answered on Dec 4, 2022
You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.
Once you have a judgement you would... View More
answered on Jun 23, 2023
You can use your state (or federal if available ) exemptions to protect your $18,000 from seizure.
answered on May 19, 2023
Check with your local bar association or legal aid society for pro bono lawyers.
I see debt following me to purgatory or heaven. I want to retire but afraid of debt. I am just looking for general answer. I plan on seeing an attorney next week but wanted general answer
answered on Oct 21, 2022
There's not nearly enough information here to advise you of your options. I suggest you get a consultation with an experienced bankruptcy lawyer - most of us will give you a free consultation.
answered on Aug 4, 2022
The bankruptcy code is federal and thus the same nationwide. Nuances regarding exemptions can vary from state to state, but the bankruptcy laws under the federal code are uniform throughout the 50 states.
I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... View More
answered on Apr 12, 2022
first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.
That aside, bankruptcy could be your solution, but only a good local lawyer can give you that... View More
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